making or giving effect to agreements or decisions or engaging in concerted practices that have as their object or effect the prevention, restriction or distortion of competition in Hong Kong;

for businesses with a substantial degree of market power in a market, engaging in conduct that has as its object or effect the prevention, restriction or distortion of competition in Hong Kong; and

completing mergers that have or are likely to have the effect of substantially lessening competition in Hong Kong. The scope of application of the merger rule is limited to carrier licenses issued under the Telecommunications Ordinance. (Competition Ordinance – Overview, supra; Telecommunications Ordinance, Cap 106 (as last updated Aug. 2, 2012), BLIS.)

Draft Guidelines

The guidelines now under development include one each on the three rules in the Competition Ordinance plus guides on complaints, investigations, and applications for decisions. Comments on these six drafts may be submitted, in writing, to either the Competition Commission or the Communications Authority and will be posted on the Commission’s website; any comments with confidential information can be posted in a modified form. Views on the three guidelines concerning complaints, investigations, and applications are due by November 10, 2014, and those on the rules by December 10, 2014. (Competition Ordinance – Overview, supra.)